Seven of those changed votes were valid under state law. “But we are happy that we have achieved our primary objective — this uncertainty has been removed. The remaining eight justices agreed on July 6, 2020, that states could enforce electors' voting for pledged candidates. I'll revisit this post as we head towards certification (January 6) and President-Elect Biden's inauguration (January 20). Maine and Nebraska are the exceptions – both states assign electors by Congressional District (and each split their total slate of votes in 2020 – see the map below). The consolidated cases Chiafalo v. Washington and Colorado Department of State v. Baca asked whether individual members of the electoral college (the “electors”) have the right to cast votes for someone other than their pledged candidate who won the most votes in their respective states. HAMMER MUSEUM Free for good 10899 Wilshire Blvd. When it comes time for the Electoral College to vote, some electors could go against their state's vote. Electors filling out ballots during a meeting of Washington State’s Electoral College in … Collection of the U.S. House of Representatives Michigan Representative James O’Hara was the first to challenge the electoral vote count under the Electoral Count Act of 1887 in 1969. Generally speaking, the way it works is that a state will require an elector to “pledge” in advance that they will support the party nominee. Updated: 4:52 PM EST November 9, 2020 WASHINGTON — Even before the final vote count is tallied, it's clear that turnout in the 2020 election has been momentous. Show full articles without "Continue Reading" button for {0} hours. As of 2020 , 33 states and the District of Columbia have laws that require electors to vote for the candidates for whom they pledged to vote, though in half of these jurisdictions there is no enforcement mechanism. 33 states and the District of Columbia have laws upheld by the Supreme Court that prohibit faithless electors. Late night on November 3 (with mostly in-person votes counted), President Trump looked far in the lead – in fact, several betting sites implied Trump was an 80%+ favorite to win. As I wrote this piece, neither had significant (read: large enough to swing a state) victories yet, although some cases were ongoing. Will the Supreme Court Stop Them? Expert Q&As Hidden Common Ground Suzette Hackney Columns & Letters. In 2020, the Supreme Court took up Chiafalo v. Washington. John Kasich (R), despite Hillary Clinton’s having won the popular vote; in Washington, a trio of “Hamilton electors” cast votes for Colin Powell instead of Clinton. Notably, prosecutor Sidney Powell and attorney Lin Wood filed suits on behalf of Trump's campaign. That is progress.”, Jason Harrow, EqualCitizens.US Chief Counsel who argued the Baca case, agreed that SCOTUS was right to settle the matter before the upcoming election, but warned: “[M]ake no mistake: laws binding electors are not a cure-all, they can go haywire in unexpected situations, and presidential electors remain free to choose in eighteen states.”, [Image via Saul Loeb/AFP via Getty Images], Like us on Facebook to see similar stories, Nebraska governor says citizens, legal residents will get vaccine priority over undocumented immigrants, Driver involved in crash that killed four Florida moms wants DUI evidence excluded from trial. Faithless electors could still throw the election, and Congress would be in chaos if Trump challenged mail ballots. Faithless Electors & the Will of the People. Prior to 2016 (and the maneuvering of pro-Clinton electors), the largest number of electors to defect from a live presidential candidate was six: electors for James Madison in 1808. In 2016, there were a total of 7 faithless electors – electors pledged to one candidate who voted for another. RELATED: 2020 election: Transition challenges await Biden Could faithless electors change the 2020 presidential election outcome? Faithless electors have never had an impact on … The Court’s official opinion was filed in the Chiafalo case, but it bound both cases by a brief order in the corresponding Baca case. Do masks meet OSHA requirements? In the 1960's election between Republican Richard Nixon and Democrat John Kennedy, Hawaii was too close to call after a November 8 count and headed to recall. Ultimately, though, the electoral college voted as pledged – and in a more orderly manner than in 2016. Settling the matter now, outside of the context of the 2020 presidential election, settles the question of states’ rights to remove or sanction electors who step out of line. Thursday Sep 24, 2020 5:00 PM This is a past program. No lawsuits alleged fraud in numbers large enough to turn the election, however. 2020: A year like no other in entertainment What is a faithless elector and how common are they? Then, the winning party appoints its electors, and the electors are expected to vote for the party nominee. He announced he wouldn't vote to certify the Electoral College without raising voter integrity concerns. Faithless electors could still throw the election, and Congress would be in chaos if Trump challenged mail ballots. Faithless electors have the power to throw an election result into chaos if the race is particularly tight and if the political atmosphere has been as polarised as it has been in 2020. What Are Faithless Electors, And Can They Swing The 2020 Presidential Election? There are too many to list here – Wikipedia has a decent catalog of legal actions by the campaign (and the allies). Five turned against Democratic nominee … Congress and the Case of the Faithless Elector. We have achieved that. However, some politicians and conservative celebrities angled for an electoral college remedy to overturn President Trump's loss. In 2020 it upheld two state laws imposing sanctions on faithless electors—in … Table of Contents show . Read On To Find Out How Faithless Electors Could Have A Major Say … On December 14, 2020, the electoral college cast their votes exactly 306 for Joe Biden and 232 for Donald Trump. “Although voting and discretion are usually combined,” wrote the justice, “voting is still voting when discretion departs.”. Also, some information from a Hollywood insider, and the Supreme Court’s new opinion on Faithless Electors. /tiles/non-collection/1/11-17-Ohara-Collection.xml. Any elector who fails to vote in accordance with their pledge faces consequences such as civil fines and dismissal as an official elector. In total, 10 electors were “faithless” in 2016, which was itself the most in a century. The often-fractured Court agreed, however, on the outcome: if a state wishes to prohibit faithless electing, it can absolutely do so. In 48 states, including Pennsylvania, electors are selected in a “winner-take-all” system, whereby the candidate who wins the popular vote gets all the electoral votes. That changed in the run-up to certification. ‘Faithless Electors’ Could Tip the 2020 Election. The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. There was a surprisingly large number of faithless electors in 2016 compared to previous years, but will there be any in 2020? Seven of those changed votes were valid under state law. EqualCitizens.US founder and attorney for the electors in the Chiafalo case attorney Lawrence Lessig reacted to the ruling against his clients. Expert Q&As Hidden Common Ground Suzette Hackney Columns & Letters. In 2020, Republican electors in Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan (states Biden carried) all "submitted" – quotes because it's unclear how they sent them in – electoral votes for Donald Trump opposite the state's official electoral slate. https://www.cnn.com/2020/12/13/politics/what-matters-december-13 When it comes time for the Electoral College to vote, some electors could go against their state's vote. And Republican Representative Mo Brooks suggested he may fight Congress's electoral college certification on January 6, 2021. How Many Faithless Electors Were There in 2020? While Rudy Giuliani and Jenna Ellis were the official legal team, other lawyers independently filed lawsuits challenging the election's validity. Senator Marco Rubio (R - FL) cheekily brought up how folks of the opposite political persuasion behaved in 2016. When all votes were counted, Joe Biden had secured the promise of a majority of electors: 306 to Donald Trump's 232. Will the Supreme Court Stop Them? Justice Elena Kagan wrote for the Court. There were 0 faithless electors in 2020. Unanimous Supreme Court Smacks Down ‘Faithless Electors’ in Time for 2020 Election. Note: This page was last updated on July 7, 2020. On December 14, 2020, the electoral college cast their votes exactly 306 for Joe Biden and 232 for Donald Trump. To change the 2020 presidential election, multiple electors would need to do so — enough to flip the Electoral College balance — and America has never even come close to seeing that happen. Thomas chastised his colleagues for overreaching, arguing: The Court’s attempt to ground such a power in Article II’s text falls short. Here's how the final map looked: The Trump campaign and allies immediately filed a number of lawsuits over voting procedures and allegations of fraud and irregularities. Three other states impose a penalty on faithless electors but still count their votes as cast. Ultimately, JFK won in a recount – Hawaii sent an urgent letter two days before Congress certified the election, letting Congress know to accept the Democratic electors' votes for President Kennedy. The cases stemmed from the 2016 presidential election. On Monday, the Supreme Court put its stamp of approval on either approach, at minimum. Infographic on faithless electors. Both Washington State and Colorado attempted to punish 2016's faithless electors – and mandate electors to vote for their pledged candidate in the future. by History on November 17, 2020. To change the 2020 presidential election, multiple electors would need to do so — enough to flip the Electoral College balance — and America has never even come close to seeing that happen. Obviously, we don’t believe the Court has interpreted the constitution correctly,” Lessig said in a statement obtained by Law&Crime. ‘Faithless Electors’ Could Tip the 2020 Election. ↑ The Wall Street Journal, "Tallying Up the ‘Faithless Electors’," May 12, 2020 ↑ 4.0 4.1 Emory Law Journal, "Faithless or Faithful Electors? This list of 2020 United States presidential electors contains members of the Electoral College, known as "electors", who cast ballots to elect the president of the United States and vice president of the United States in the 2020 presidential election. Perhaps because of Chiafalo v. Washington, there weren't as many calls for electoral college shenanigans as there were in 2016. While it's theoretically possible that a team of one Senator and one Representative can co-sign a challenge (forcing the President of the Senate, currently Vice President Mike Pence, to intervene) – Republican Senators initially signaled they'd avoid the effort. Michigan's electors will meet Dec. 14 to cast their votes. Most lawsuits were dismissed, although a few lawsuits were decided in the Trump campaign's favor. But faithless electors are rare and have never swung an election. Presidential Elections; The Electoral College; Faithless Elector State Laws; Faithless Elector State Laws. In Ohio, three electors cast ballots for Ohio Gov. On November 3, 2020, former Vice President Joe Biden squared off against the 44th President, Donald Trump, in the 2020 elections. Colorado played a big role in the country’s current view of faithless electors after the 2016 election and a U.S. Supreme Court ruling that followed, in the middle of this year. With one elector for each of the 100 senators, 435 House members and D.C.'s three electors, the total number is 538. Given the amount of publicity received by the grandstanding faithless electors in 2016, each political party can be expected to be extremely careful in 2020 … SCOTUS disagreed. Roosevelt said he doesn't expect to see any faithless electors this year, especially after what happened last cycle. Although Donald Trump's 2016 victory map suggested he'd win 306 votes to Hillary Clinton's 232, after a chaotic night, they officially ended with 304 and 227. There are 538 electors from the 50 states and the District of Columbia. (See my 2016 post for a recounting). (Colin Powell, Bernie Sanders, John Kasich, Ron Paul, and Faith Spotted Eagle all picked up votes.). A majority of states are 'winner-takes-all,' awarding all votes to the popular vote winner. US Election 2020: What are ‘faithless electors’ that Trump allies hyping to help him secure second term? A candidate needs a majority … In 2016, there were seven faithless electors. Late-counted votes on November 3 and the morning of November 4 put it back in doubt, then the trickle of counted votes 'turned' the vote to Joe Biden in a number of swing states over the next three days: Nearly immediately after networks called Biden's election victory on November 7, President Trump called the results "far from over," promising to challenge the results. A global pandemic, lots of turnover in the Executive Branch, and a nation on pins and needles have – perhaps – blown things up to new levels of drama. In total, 10 electors were “faithless” in 2016, which was itself the most in a century. Faithless elector Michael Baca refused to cast vote for Hillary Clinton in 2016 election. Author: Rebecca Coster Published: 2:59 PM MST November 11, 2020 That year, two sets of 3 electors (Hawaii had three votes at the time) voted on December 19 – and both Hawaii's slates of electors voted, so called "dueling electors" or "multiple slates." Supreme Court’s “faithless electors” decision validates case for the National Popular Vote Interstate Compact. The electors bringing these lawsuits argue that the Constitution gives them the right to vote for anyone for president, regardless of the will of the voters in the state they represent. It is precisely in that silence, the justice wrote, where the inherent power of the states to legislate lies. Those prohibitions written into state law, Kagan wrote, are perfectly legal. ... A faithless elector … Electors are determined by the number of U.S. senators and representatives each state has — that means we get 20 in Pennsylvania. In 14 states, votes contrary to the pledge are voided and the respective electors are replaced, and in two of these states they may also be fined. There were 0 faithless electors in 2020. The Electoral College was established by America's Founding Fathers who did not want a … The plaintiffs in the two cases argued that the consequences they faced as a result of exercising their votes as chosen were unconstitutional deprivations of their right to vote. States are awarded electoral votes in proportion to their population (out of a total pool of 538 electors). While Congress won't certify the election until January 6, the odds are slim to none that Congress will overturn the official electors and grant Trump a second term. With one elector for each of the 100 senators, 435 House members and D.C.'s three electors, the total number is 538. See. By the beginning of the year, at least 140 Republican Representatives said they'd challenge at least some states' electoral vote slates. Wisconsin's Joe Sanfelippo (State Rep, R - Wi) suggested a recount or an electoral college remedy. ↑ The New York Times, "‘Faithless Electors’ Could Tip the 2020 Election. Unanimous Supreme Court Smacks Down ‘Faithless Electors’ in Time for 2020 Election The Supreme Court of the United States handed down an opinion in the “Faithless … However, so far at least, the system has mostly worked as designed. “When we launched these cases, we did it because regardless of the outcome, it was critical to resolve this question before it created a constitutional crisis. An Analogy to Disobedient but Conscientious Jurors," accessed October 9, 2020 ↑ FairVote, "Faithless Elector State Laws," July 7, 2020 View Larger. In the letter, they demand a 10-day emergency audit. ", October 14, 2019 ↑ The Wall Street Journal, "Tallying Up the ‘Faithless Electors’," May 12, 2020 ↑ 4.0 4.1 Emory Law Journal, "Faithless or Faithful Electors? DQYDJ may be compensated by our advertising and affiliate partners if you make purchases through links. She called the Constitution “barebones” on the issue of electors. Will the Supreme Court Stop Them? In her opinion, Kagan relied heavily on an analysis of the wording of Article II, pointing out that although “everyone still calls them ‘electors’, they vote without discretion.” Justice Kagan embarked on a lengthy history lesson, explaining that the electoral college had been the result of “an eleventh-hour compromise.”, Kagan explained 32 states have enacted statutes “to prohibit so-called faithless voting.”. Trump's legal team allegedly (read: according to unnamed sources) discussed trying to delay state vote certifications and install friendly electors. Rejecting the argument that the word “vote” implies a freedom to choose, Kagan wrote that the word merely connotes a casting of a ballot. Microsoft may earn an Affiliate Commission if you purchase something through recommended links in this article. As we have discussed before, SCOTUS was undoubtedly aware that the issue of faithless electing would, if not managed, recur in future presidential elections. Prior to 2016 (and the maneuvering of pro-Clinton electors), the largest number of electors to defect from a live presidential candidate was six: electors for James Madison in 1808. If you have any questions or comments please contact Ashley Houghton,
[email protected]. Ruth Bader Ginsburg's Legacy and the Supreme Court's Future. States decide how to allocate those votes. Here's his statement in full: On January 2, 2021, 11 GOP Senators and Senators Elect signed a letter saying they'd vote to reject some states' Electoral College votes. One faithless elector, David Mulinix, a Democrat from Hawaii, cast his vote for Bernie Sanders instead of Hillary Clinton. When all votes were counted, Joe Biden had secured the promise of a majority of electors: 306 to Donald Trump's 232. “Rather than just assume that party-picked electors would vote for their party’s winning nominee, those States insist that they do so,” Kagan noted. On January 6, 1969, Democratic Representative … With some minor adjustment theoretically possible: Joe Biden won 81,268,867 votes (51.3%) to Donald Trump's 74,216,747 (46.8%). Due to the unique challenges of the COVID-19 pandemic, there was a larger than normal count of mail-in ballots in 2020. The electoral college is the body that elects the President and Vice President in the United States. Justice Thomas penned his own concurrence (which was joined in part by Justice Neil Gorsuch), agreeing that electors do not have the right to go rogue – but rejecting the majority’s reliance on the interpretation of Article II. That particular portion of the Constitution, argued Thomas, only addresses the appointment of electors, but says nothing about the way those electors are expected to vote. Who Are the One Percent in the United States by Income and Net Worth. Unlike the many conservative/liberal court splits we’ve seen lately, SCOTUS unanimously sided against the electors with just Justice Clarence Thomas writing a separate concurrence to lay out some alternative reasoning. ... She's also going to be a 2020 elector, if the Democratic nominee wins Colorado. The Supreme Court of the United States handed down an opinion in the “Faithless Elector” cases on Monday, which will maintain status quo on all things electoral college for the foreseeable future. The Supreme Court: Chiafalo v. Washington, The Electoral College and 'Multiple Slates of Electors', Josh Hawley Announces He'll Raise Concerns at the Certification Vote, January 2, 2021: 11 Republican Senator Letter to Reject Electoral Votes, In 2016, there were a total of 7 faithless electors, decent catalog of legal actions by the campaign, suggested a recount or an electoral college remedy, delay state vote certifications and install friendly electors, suggested he may fight Congress's electoral college certification, Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan, Hours Calculator: See How Many Hours are Between Two Times, Bitcoin Return Calculator with Inflation Adjustment, Net Worth by Age Calculator for the United States in 2020, Stock Total Return and Dividend Reinvestment Calculator (US), Net Worth Percentile Calculator for the United States in 2020, S&P 500 Return Calculator, with Dividend Reinvestment, Income Percentile Calculator for the United States in 2020, Average, Median, Top 1%, and all United States Net Worth Percentiles in 2020, Income Percentile by Age Calculator for the United States in 2020, Household Income Percentile Calculator for the United States in 2020, Height Percentile Calculator for Men and Women in the United States, Average, Median, Top 1%, and all United States Household Income Percentiles in 2020, Age Difference Calculator: Compute the Age Gap, S&P 500 Periodic Reinvestment Calculator (With Dividends), Years Between Dates Calculator: Years between two dates, Month Calculator: Number of Months Between Dates, ETF Return Calculator: Dividends Reinvested (US). Most states have laws that bind electors to their pledged candidate and 15 impose a penalty for faithless votes, including cancelling the vote and fines of up to $1,000. Holding that the Electors’ “constitutional claim has neither text nor history on its side,” the Court ruled unanimously that states have the right to effectively force members of the electoral college to vote for the popular-vote winner. The Supreme Court upheld a faithful elector requirement in 1952. Los Angeles, CA 90024 (310) 443-7000 [email protected] Gallery Hours On December 30, 2020 Josh Hawley (Missouri) was the first senator to publicly state he'd object to electoral vote certification. In 2020, a more robust faithless elector presence, in a close Electoral College vote—catalyzed by a super-polarized environment—could change … It's been a wild cycle. In 2019, Washington's law was amended to require that faithless electors be removed as well. Tuesday Aug 4, 2020 5:00 PM This is a past program. Justice Sonia Sotomayor recused. Rather than contort the language of both Article II and the state statute, I would acknowledge that the Constitution simply says nothing about the States’ power in this regard. Like Washington and Ohio, individual states have their own mechanisms to ensure that whoever is appointed as an elector votes for the popular winner. Electors filling out ballots during a meeting of Washington State’s Electoral College in Olympia in 2016. Wikipedia has a decent catalog of legal actions by the campaign ( and the Supreme Court ’ “. Congress 's electoral college is the body that elects the President and Vice President in Chiafalo... On January 6, 2021 in Pennsylvania Biden 's inauguration ( January 20 ) 's.! In Olympia in 2016, there were n't as many calls for electoral voted! Fight Congress 's electoral college ; faithless elector … faithless electors for Joe Biden and for... Pledged – and in a century 2020 elector, David Mulinix, Democrat. 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